New York A 3134: Enables prosecutors to access orders of protection issued in association with sealed prior domestic violence cases

Bill Text

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A03134 Summary:

BILL NOA03134 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORRosenthal

&nbsp

COSPNSRRozic, Kelles

&nbsp

MLTSPNSR

&nbsp

Amd §§160.50 & 160.55, CP L

&nbsp

Enables prosecutors to access orders of protection issued in association with sealed prior domestic violence cases if the offender commits a new domestic violence offense.

Go to top A03134 Actions:

BILL NOA03134 

&nbsp

01/23/2025referred to codes

01/07/2026referred to codes

Go to topA03134 Committee&nbspVotes:

Go to topA03134 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03134 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3134

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, ROZIC, KELLES -- read once and
 referred to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to sealed prior
 domestic violence cases

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (d) of subdivision 1 of section 160.50 of the
 2 criminal procedure law, as amended by chapter 449 of the laws of 2015,
 3 is amended to read as follows:
 4 (d) such records shall be made available to the person accused or to
 5 such person's designated agent, and shall be made available to (i) a
 6 prosecutor in any proceeding in which the accused has moved for an order
 7 pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law
 8 enforcement agency or a prosecutor upon ex parte motion in any superior
 9 court, or in any district court, city court or the criminal court of the
 10 city of New York provided that such court sealed the record, if such
 11 agency or prosecutor demonstrates to the satisfaction of the court that
 12 justice requires that such records be made available to it, or (iii) any
 13 state or local officer or agency with responsibility for the issuance of
 14 licenses to possess guns, when the accused has made application for such
 15 a license, or (iv) the New York state department of corrections and
 16 community supervision when the accused is on parole supervision as a
 17 result of conditional release or a parole release granted by the New
 18 York state board of parole, and the arrest which is the subject of the
 19 inquiry is one which occurred while the accused was under such super-
 20 vision, or (v) any prospective employer of a police officer or peace
 21 officer as those terms are defined in subdivisions thirty-three and
 22 thirty-four of section 1.20 of this chapter, in relation to an applica-
 23 tion for employment as a police officer or peace officer; provided,
 24 however, that every person who is an applicant for the position of
 25 police officer or peace officer shall be furnished with a copy of all

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05663-01-5

 A. 3134 2

 1 records obtained under this paragraph and afforded an opportunity to
 2 make an explanation thereto, or (vi) the probation department responsi-
 3 ble for supervision of the accused when the arrest which is the subject
 4 of the inquiry is one which occurred while the accused was under such
 5 supervision; and
 6 § 2. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
 7 procedure law, as amended by chapter 449 of the laws of 2015, is amended
 8 to read as follows:
 9 (d) the records referred to in paragraph (c) of this subdivision shall
 10 be made available to the person accused or to such person's designated
 11 agent, and shall be made available to (i) a prosecutor in any proceeding
 12 in which the accused has moved for an order pursuant to section 170.56
 13 or 210.46 of this chapter, or (ii) a law enforcement agency or a prose-
 14 cutor upon ex parte motion in any superior court, or in any district
 15 court, city court or the criminal court of the city of New York provided
 16 that such court sealed the record, if such agency or prosecutor demon-
 17 strates to the satisfaction of the court that justice requires that such
 18 records be made available to it, or (iii) any state or local officer or
 19 agency with responsibility for the issuance of licenses to